Section 128: Prisoner charged with embezzlement

128. Prisoner charged with embezzlement (1) (a) Where, on the trial of a person charged in a criminal information for embezzlement, it is proved that he took the property in question in any such manner as amounts in law to larceny, he shall not by reason thereof be acquitted, but the Magistrate may find that such person is not guilty of embezzlement but is guilty of larceny and such person may then be punished in the same manner as if he had been convicted upon an information for such larceny. (b) Where, on the trial of any person charged in a criminal information for larceny, it is proved that he took the property in question in any such manner as amounts in law to embezzlement, he shall not by reason thereof be acquitted, but the Magistrate may find that such person is not guilty of larceny, but is guilty of embezzlement, and such person may then be punished in the same manner as if he had been convicted upon an information for such embezzlement. (c) No person so convicted under paragraphs (a) and (b) shall be liable to be afterwards prosecuted for larceny or embezzlement upon the same facts. D13 – 33 [Issue 1] District and Intermediate Courts (Criminal Jurisdiction) Act (2) Subsection (1) shall apply with necessary modifications to a person charged under section 40 of the Criminal Code with receiving or being found in possession of articles obtained by means of a larceny or embezzlement as they apply to a person charged with larceny or embezzlement. (3) In this section— “embezzlement” includes embezzlement committed under any of the circumstances specified in section 333 of the Criminal Code; “larceny” includes simple larceny and larceny committed under any of the circumstances specified in sections 309 (2) and 311 of the Criminal Code.